What is Negligence?
Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.
According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.
Key elements of negligence include:
- Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
- Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
- Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
- Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.
Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance
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Common Hand and Wrist Injuries
Not many of us realize how much a hand injury can affect our our daily activities and everyday life. A hand or wrist injury, especially a 
severe one, can cause the victim to lose time at work, need surgical treatment, have extraordinarily high medical expenses, and experience pain for the rest of their lives. Hand and wrist injuries, even seemingly small injuries (a dislocated finger, mild sprains, nerve injuries, ligament tears, wrist strains, etc.) need effective treatment so they don’t haunt you for the rest of your life.
If your hand was injured in an accident caused by negligence, reach out to the Munley Law personal injury attorneys as soon as possible. We will work to recover compensation for medical bills, missed days of work, and ongoing medical care you need to fully recover. We offer a free consultation to new clients where we will assess your claim and lay out all your legal options. […]
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Does Driving Slow Cause More Car Accidents?
When an accident occurs, we often think of aggressive drivers or motorists traveling at excessive speeds. But what many don’t realize is that slow drivers can also cause car accidents by disrupting the flow of traffic.
If high or slow speeds were the cause of your motor vehicle accident, Munley Law can help you through the legal process.
Why Slow Driving Can Be Dangerous
Pennsylvania law, mandates that drivers adhere to posted speed limits. The state’s minimum speed limit regulations require motorists to maintain speeds that do not impede the “normal and reasonable movement of traffic.” Nevertheless, reduced speeds are permissible when safety is a concern.
On single-lane roadways where passing is impossible, slow-moving vehicles are required to pull over to the brim or shoulder to allow others to pass.
With these regulations in place, drivers must understand that safety is a concern when slow drivers are on the roadways, […]
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Do Pedestrians Always Have the Right of Way?
When you first learned to drive, you may have been told pedestrians have the right of way. While this is generally true, pedestrians don’t always have the right of way. Of course, drivers must always be aware of their surroundings, including looking for pedestrians, but pedestrians must also be aware of traffic lights, crosswalks, and oncoming traffic.
If you were involved in a pedestrian accident and are questioning who has the right of way, Munley Law is here to help.
When Do Pedestrians Have the Right of Way?
Under Pennsylvania law, there are a few scenarios where pedestrians always have the right of way. However, it is ultimately the responsibility of drivers and pedestrians to practice safety on the roadways and be mindful before walking into traffic.
Crosswalks Without Signals
If a pedestrian is at an unmarked crosswalk without traffic signals, […]
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Is Lane Splitting Legal in Pennsylvania?
Have you ever been driving through a congested area and noticed a motorcyclist weaving in and out of traffic? While many motorcyclists think lane splitting should be common practice, it is currently illegal under Pennsylvania law.
If you are involved in a motorcycle accident and have been lane splitting, or hit a motorcyclist due to lane splitting, it can impact your personal injury claim.
What Is Lane Splitting?
Lane splitting, also known as white lining, occurs when a motorcyclist drives between two rows or lanes of traffic. Most commonly, riders split lanes when traffic is moving slowly or at a standstill. Lane splitting can occur on any type of road, including highways or rural roads.
Lane splitting is not the only traffic maneuver you may see a biker make. Other practices include:
- Lane filtering: The rider moves between stopped traffic or slow-moving traffic
- Lane sharing: Multiple motorcyclists share the same lane and ride beside each other in a close formation
- Shoulder surfing: When a rider drives on the shoulder of the road
A University of California, […]
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What to Do if Your Brakes Fail on the Highway
Many of us get into our vehicles daily or multiple times a day and shift into a sort of auto-pilot when we get behind the steering wheel. Our daily commutes are mundane, making falling into a hypnotic state easy. But what happens when the lull is broken, and you realize that the usually slow push of your brake pedal isn’t doing anything, and before you know it, you’re in a car accident?
If you experience brake failure on the highway, you should keep a few things in mind to keep yourself and other drivers safe.
What to Do if Your Brakes Fail While Driving
Nothing is scarier than realizing that your brake pedals are not working. Instead of slowing down, you are moving closer and closer to another vehicle, pedestrian, or highway guard rails.
Crash Statistics from the National Highway Transportation Safety Administration (NHTSA) suggest that about 22% of vehicle-related crashes were due to brake issues. […]
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